A Partition Suit Is a Suit for Land: Bombay High Court Rejects Plaint for Want of Clause XII Leave Senior Citizens Act Cannot Be A Shortcut To Reclaim Property Registered In Wife's Name: Bombay High Court Mere Issuance Of Summons Under Section 204 Cr.P.C. Does Not Give Rise To Apprehension Of Arrest – No Anticipatory Bail: Supreme Court State Cannot Balance Budgets on the Backs of Teachers: Punjab & Haryana High Court Orders Regularization of Contractual School Staff Authorities Cannot Interpret Court Orders On Their Own – Proper Course Was To Seek Clarification: Madras High Court Upholds One Month Civil Imprisonment For Disbursing ₹20 Crores In Violation Of Interim Order Seizure Under Legal Process Is Not A Blanket Immunity: Gauhati High Court Holds Railways Must Prove ‘Reasonable Foresight and Care’ Under Section 93 Income Tax Act | Faceless Assessment Cannot Become Opportunity-Less Assessment: Andhra Pradesh High Court Order XXXVII CPC | Procedure Cannot Eclipse Substantive Justice: Delhi High Court Revives Commercial Recovery Suit Dismissed for Want of Statement of Truth Mens Rea Is Sine Qua Non Under Section 2 Of The Prevention Of Insults To National Honour Act — Without Intention, There Is No Offence: Karnataka High Court Tribunal Cannot Sit In Appeal Over A Departmental Enquiry: Bombay High Court Restores Compulsory Retirement Of University Engineer Married Man’s Promise to Marry is ‘Deceit from Inception’ : Allahabad High Court Refuses to Quash Rape Case IBC Cannot Be Used As A Backdoor To Defeat Benami Confiscation: Supreme Court Shuts NCLT’s Door On Attachment Challenges No Double Recovery Under Motor Vehicles Act: Supreme Court Restores Deduction Of Compassionate Assistance IBC | Once Debt And Default Are Proved, Section 7 Must Follow: Supreme Court Reverses NCLT And NCLAT In Ecstasy Realty Insolvency Case Judicial Discipline Cannot Be a Shield to Stall Insolvency: Supreme Court Restores CIRP, Declares 2008 Scheme ‘Defunct’ Life Till Natural End Without Remission Is Not the Only Option: Supreme Court Substitutes 20-Year Fixed Term in Child Rape-Murder Case Criminal Law Cannot Be Used as a Weapon in a Family Property Dispute: Supreme Court Quashes Forgery Case Physical Assault On Superior Is A Grave Breach Of Discipline – High Court Cannot Substitute Its View On Punishment: Supreme Court

"QUASHING" Digest

Negotiable Instruments Act - Maintainability of Complaint - Proprietorship Firm Criminal Petition under Section 482 Cr.P.C. seeking quashing of proceedings under Section 138 of the N.I. Act - Payee of the cheque was "Sri Vasavi Traders" - Complaint filed by S.M. Ravindrashetty, the sole proprietor of the payee firm - Contention that the complaint must be filed in the name of the payee...

Kerala Police Act – Section 119(1)(a) – Quashing of Proceedings – Petition to quash proceedings under Section 119(1)(a) of the Kerala Police Act for alleged sexual gestures in public degrading the dignity of women – Accused’s actions not specified in FIR or Final Report – No evidence of discernible sexual gestures – Court found the prosecution case to b...

Criminal Conspiracy - Quashing of charges against the applicant - Allegation of giving a false opinion in a criminal conspiracy - Charges under Sections 120B (Criminal Conspiracy), 420 (Cheating), 406 (Criminal Breach of Trust) of the Indian Penal Code (IPC) - Cognizance and summoning order challenged - Lack of Specific Conspiracy Details - Bald and Omnibus Nature of Allegation - No Mention of a C...

Quashing of FIR – Offences under Sections 406, 420, 120-B, and 114 of IPC – Common judgment for multiple petitions – Pertains to M/s. Finquest Financial Solutions Private Limited and M/s. Manpasand Beverages Limited – Allegations of financial mismanagement, fraud, and loan disbursement – Detailed narration of the events leading to the filing of FIR – Quashing so...

Criminal Proceedings - Quashing of FIR under Section 306 IPC based on compromise - Legal position regarding quashing of criminal proceedings explained - The inherent power of the High Court under Section 482 Cr.P.C. can be exercised to quash criminal proceedings relating to non-compoundable offences, particularly those of a civil and personal nature, upon compromise, depending on the facts and cir...

Quashing of FIR under Section 174-A IPC - Compromise in a case involving a dishonored cheque - Proceedings under Negotiable Instruments Act concluded with withdrawal of the complaint - FIR quashed in line with precedent cases where continuation of proceedings under Section 174-A IPC after withdrawal of the main complaint deemed an abuse of the process of law. [Para 2-13]

Criminal Law – Quashing of Complaint under Section 482 CrPC – Complaint under Section 138 of NI Act – Chief Financial Officer's Liability – Dismissal of Petition   Quashing Petition – Petition filed under Section 482 CrPC for quashing of complaint under Section 138 NI Act against petitioner, Chief Financial Officer of Accused No.1 company – Petiti...

Premature Release Guidelines - Quashing of Order - Classification of Prisoner - Beneficial Guidelines - The petitioner seeks the quashing of an order placing him in a specific category under the premature release guidelines - The incident involved a quarrel between the petitioner and his wife, resulting in her death by fire - Dying declaration by the deceased indicated her husband's involvemen...

Criminal Revision – Quashing of proceedings and charge sheet – Petitioner seeks the quashing of charges under IPC Sections 341/323/506 – Dispute related to the petitioner’s place of stay – Examination of relevant facts and circumstances. [Para 1-7]   Family Dispute – Marital discord related to the place of residence – Husband’s parents are...

Criminal Law – Quashing of Summoning Orders and Complaints – Criminal petitions filed against summoning orders of the learned Metropolitan Magistrate – Allegations of forgery and fabrication of trade mark registration certificates – Complaint filed under Sections 463, 464, 465, 469, 470, 471, 474, 475, 477-A of IPC – Held that the foundational facts for initiation of ...